Okla. Stat. tit. 76, § 19

Access to medical records - Copies - Waiver of privilege -

Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

Exception for inmates when threat to safety or security of self or institution. A. 1. Any person who is or has been a patient of a doctor, hospital or other medical institution shall be entitled, upon request, to obtain access to the information contained in the patient's medical records including any x-ray or other photograph or image, pathology slide or the patient's medical bills. Disclosure regarding a deceased patient shall require either a court order or a written release of an executor, administrator or personal representative appointed by the court, or if there is no such appointment, by the spouse of the patient or, if none, by any responsible member of the family of the patient. As used in this paragraph, "responsible family member" shall mean the parent, adult child, adult sibling or other adult relative who was actively involved in providing care to or monitoring the care of the patient as verified by the doctor, hospital or other medical institution responsible for the care and treatment of such person. 2. Any person who is or has been a patient of a doctor, hospital or other medical institution shall be furnished copies of all medical records including any x-ray, other photograph or image, pathology slide or all medical bills pertaining to that person's case upon request and upon the tender of the expenses enumerated in this paragraph. The cost of each copy to such person or to the personal representative, spouse or responsible family member of such person, not including any x-ray or other photograph or image or pathology slide, shall be fifty cents ($0.50) for each page. Requests for medical records and medical bills from attorneys, insurance companies and by way of subpoena shall be charged a base fee of Twenty Dollars ($20.00) in addition to the per page charges required pursuant to this section, plus postage or delivery fee. The base fee shall be charged regardless of whether any records related to the request are located. A fee of Fifteen Dollars ($15.00) shall be charged if a certification or an affidavit by the provider regarding the authenticity of the medical records or bills is requested. The physician, hospital or other medical professionals and institutions, or their business associates as the term is defined in Section 160.103 of Title 45 of the United States Code of Federal Regulations shall produce the records in digital form at the rate of thirty cents ($0.30) per page if: a. the entire request can be reproduced from an electronic health record system, b. the records are specifically requested to be delivered in electronic format, and c. the records can be delivered electronically. If a provider or business associate transmits the records electronically, no postage shall be charged but a delivery charge

shall apply. In no event shall a charge for the reproduction of electronically stored and delivered medical records pursuant to this paragraph exceed Two Hundred Dollars ($200.00) plus postage or delivery fee. The cost of each printed x-ray, other photograph or image to such person or to the legal representative of such person shall be Fifteen Dollars ($15.00). If the x-ray, other photograph or image is provided on a CD/DVD or other electronic media, the fee shall be Twenty Dollars ($20.00) per CD/DVD or other electronic media. The physician, hospital, or other medical professionals and institutions, or their business associates as the term is defined in Section 160.103 of Title 45 of the United States Code of Federal Regulations, shall not charge a person who requests their own record a fee for searching, retrieving, reviewing, and preparing medical records of the person. No mailing fee shall be charged for copies provided by facsimile. All requests for medical records made pursuant to this subsection shall be subject to the fees described in this section regardless of where the copies or electronic versions of such records are actually produced. 3. The provisions of paragraphs 1 and 2 of this subsection shall not apply to psychological, psychiatric, mental health or substance abuse treatment records. In the case of psychological, psychiatric, mental health or substance abuse treatment records, access to information contained in the records shall be obtained pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes. 4. The provisions of paragraphs 1 and 2 of this subsection shall not apply to requests for medical records made by the Disability Determination Division of the State Department of Rehabilitation Services. The fee for such requests shall be at a rate allowed by the Social Security Administration. B. 1. In cases involving a claim for personal injury or death against any practitioner of the healing arts or a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims, that person shall be deemed to waive any privilege granted by law concerning any communication made to a physician or health care provider with reference to any physical or mental condition or any knowledge obtained by the physician or health care provider by personal examination of the patient; provided that, before any communication, medical or hospital record, or testimony is admitted in evidence in any proceeding, it must be material and relevant to an issue therein, according to existing rules of evidence. Psychological, psychiatric, mental health and substance abuse

treatment records and information from psychological, psychiatric, mental health and substance abuse treatment practitioners may only be obtained provided the requirements of Section 1-109 of Title 43A of the Oklahoma Statutes are met. 2. Any person who obtains any document pursuant to the provisions of this section shall provide copies of the document to any opposing party in the proceeding upon payment of the expense of copying the document pursuant to the provisions of this section. C. This section shall not apply to the records of an inmate in a correctional institution when the correctional institution believes the release of such information to be a threat to the safety or security of the inmate or the institution. Added by Laws 1976, c. 44, § 3, emerg. eff. April 8, 1976. Amended by Laws 1977, c. 59, § 1, eff. Oct. 1, 1977; Laws 1979, c. 75, § 2, eff. Oct. 1, 1979; Laws 1985, c. 184, § 1, eff. Nov. 1, 1985; Laws 1987, c. 168, § 2, eff. Nov. 1, 1987; Laws 1994, c. 90, § 1, eff. Sept. 1, 1994; Laws 1995, c. 251, § 14, eff. Nov. 1, 1995; Laws 1999, c. 293, § 27, eff. Nov. 1, 1999; Laws 2003, c. 21, § 1, emerg. eff. March 31, 2003; Laws 2003, c. 390, § 23, eff. July 1, 2003; Laws 2004, c. 168, § 17, emerg. eff. April 27, 2004; Laws 2005, c. 88, § 1, emerg. eff. April 21, 2005; Laws 2011, c. 222, § 1, eff. Nov. 1, 2011; Laws 2013, c. 273, § 1, eff. Nov. 1, 2013; Laws 2015, c. 100, § 1, eff. Nov. 1, 2015; Laws 2021, c. 231, § 1, eff. Nov. 1, 2021.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1987–2023 · leading case: Johnson v. District Court of Oklahoma County

Sort: Relevance Newest Treatment

Johnson v. District Court of Oklahoma County (1987) okla · cites it 14× “The defendant physicians presented a motion to respondent district court requesting a finding that the physician/patient privilege concerning any communication made to any health care provider or physician concerning the matter in controversy had been waived pursuant to 76…”

Bettis v. Brown (1991) oklacivapp · cites it 7× “Although Bettis provided written authorization and a copy of 76 O.S. § 19 to Brown’s office staff, the records were not produced.”

Oklahoma Disability Law Center, Inc. v. Dillon Family & Youth Services, Inc. (1995) oknd · cites it 6× “Citing state law embodied in 76 O.S. § 19, SMI refuses to provide ODLC with all the records to which it is entitled under the PAMII without a court order.”

Wisconsin Coalition for Advocacy, Inc. v. Czaplewski (2001) wied · cites it 2× “Defendant’s interpretation of 76 O.S. § 19 thwarts the purpose of the [PAI-MIA] and serves as an obstacle to the accomplishment and execution of the purposes of [the PAIMIA].”

Holmes v. Nightingale (2007) okla · cites it 2× “In an order signed on that date and filed on July 5, 2006, the trial court ordered the release of Elam's protected health care information "pursuant to 76 O.S. § 19(B), 12 O.S. § 2503(D)(3) and 45 C.”

Seaberg v. Lockard (1990) okla · cites it 3× “The dispositive issue presented is whether the waiver of a physieian/patient privilege imposed upon certain plaintiffs by the provisions of 76 O.S.Supp.1987 § 19(B) 1 contemplates a district court’s pretrial declaration that no medical privilege exists, then to be followed by an…”

McFeely v. Tredway (1990) oklacivapp · cites it 4× “The trial court found “that attorneys have no duty to see that their clients provide medical records under Title 76 O.S. Section 19 [sic. ],” sustained a motion to dismiss as to defendant Hill, and dismissed the remaining defendant attorneys on its own motion.”

Solon v. MIDWEST MEDICAL RECORDS ASS'N (2008) illappct · cites it 2× “741 (LexisNexis 2005); Okla. Stat. Ann. tit. 76, § 19 (West 2002); S.”

Higginbotham v. Jackson (1994) okla “” 76 O.S.1991 § 19(B) applies only to medical malpractice plaintiffs.”

Question Submitted by: The Honorable Glen Mulready, Insurance Commissioner, Oklahoma Insurance Dept. (2023) oklaag · cites it 2× “4 Examples of exempt material include: (1) records privileged pursuant to a statutory evidentiary privilege; (2) minutes of executive sessions; (3) certain driver information in driver records; (4) information in the files of the Office of the Chief Medical Examiner; (5) social…”

Wirtz v. Regalado (2020) oknd “With that letter, Wirtz included an “affidavit” supporting his request that the Attorney General pursue misdemeanor charges against Kathy Pingleton, the DLMCJC’s medical record custodian, “for refusing to provide [Wirtz] with his medical records pursuant to 76 O.S. § 19 and §…”

Solon v. Midwest Medical Records Association, Inc. (2008) illappct “741 (LexisNexis 2005)); Okla. Stat. Ann. tit. 76, §19 (West 2002); S.”

— Okla. Stat. tit. 76, § 19(A) — 2 cases

McFeely v. Tredway (1990) oklacivapp “The trial court found “that attorneys have no duty to see that their clients provide medical records under Title 76 O.S. Section 19 [sic. ],” sustained a motion to dismiss as to defendant Hill, and dismissed the remaining defendant attorneys on its own motion.”

Oklahoma Disability Law Center, Inc. v. Dillon Family & Youth Services, Inc. (1995) oknd “Citing state law embodied in 76 O.S. § 19, SMI refuses to provide ODLC with all the records to which it is entitled under the PAMII without a court order.”

— Okla. Stat. tit. 76, § 19(B) — 4 cases

Johnson v. District Court of Oklahoma County (1987) okla “The defendant physicians presented a motion to respondent district court requesting a finding that the physician/patient privilege concerning any communication made to any health care provider or physician concerning the matter in controversy had been waived pursuant to 76…”

Holmes v. Nightingale (2007) okla “In an order signed on that date and filed on July 5, 2006, the trial court ordered the release of Elam's protected health care information "pursuant to 76 O.S. § 19(B), 12 O.S. § 2503(D)(3) and 45 C.”

Seaberg v. Lockard (1990) okla “The dispositive issue presented is whether the waiver of a physieian/patient privilege imposed upon certain plaintiffs by the provisions of 76 O.S.Supp.1987 § 19(B) 1 contemplates a district court’s pretrial declaration that no medical privilege exists, then to be followed by an…”

Higginbotham v. Jackson (1994) okla “” 76 O.S.1991 § 19(B) applies only to medical malpractice plaintiffs.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.